2011년 6월 25일 토요일

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  • shantak
    04-29 02:19 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.




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  • micofrost
    07-15 01:54 PM
    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.




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  • sunny1000
    02-27 11:59 AM
    Scratch my answer below...logiclife is right...pls consult a very good immigration lawyer (like sheila Murthy, Rajiv Khanna, Matthew Oh).


    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!




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  • vin13
    01-16 01:28 PM
    You may be right on that.

    But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.



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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?




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  • frostrated
    06-25 12:56 PM
    you need to be physically present in the country when you apply for your AP. you can either have the uscis send it to your address in india, a consular post in india or your address here in the US. i would suggest you have it sent to your address here in the US and then have one of your friends send it by fedex to india. dont use regular post as it might get misplaed or lost, which means you are stuck.
    if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.



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  • radosav
    10-04 01:47 PM
    I-485 RD July 27 at Texas

    I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07

    all checks (for I-485 & I-765) cashed Oct 3, 07 at California

    Both I-485 cases transfered back to Texas on Oct 2, 07
    I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?




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  • gantilk
    04-27 11:26 PM
    Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?



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  • hopefulgc
    11-09 09:11 PM
    Time and again I hear people here and everywhere complaining about how "everyone-who-is-a-citizen" is simply out to get them and exploit them.
    HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.

    By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
    When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY

    Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.

    Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
    <h1>AWESOME and DESIRED</h1>

    No don't leave me red marks... i am one of you... but who believes in us all.




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  • Raj2006
    06-04 10:07 AM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change

    seems like CSC is slow compared TSC. I dont think they issue FP notice for paper filing. There were lot of applications received by CSC in feb..i think thats what is causing the delay. please keep us updated with your status.



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  • buddyinus
    09-16 02:56 PM
    SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.

    Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.




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  • justin150377
    07-17 02:20 PM
    Screw Murthy !!! I have never seen him picking up any good news.

    Murthy is a she...and I would but I'm not single. ;)



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  • johny120
    08-24 08:52 AM
    So just to be clear:
    What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.

    Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?

    TIA




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  • Desi_Hydrabadi
    02-20 03:56 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??



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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.




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  • gnutin
    06-17 04:34 PM
    Mr.gnutin or any other expert,

    Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


    Thanks

    No need to stick with company for 180 days after I-140 approval to keep your PD.

    The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.



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  • senthil1
    09-19 06:45 PM
    Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
    and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.

    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.




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  • valuablehurdle
    01-18 10:37 AM
    Ria,

    This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
    Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.

    I hope this helps.

    A Canadian Citizen.

    ---------------------------------------------




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  • smuggymba
    12-05 09:37 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.

    If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.




    xbohdpukc
    03-27 10:12 PM
    I think the main point (and the most expensive one) is how you advertised your position and what requirements you put in printed ads. You can refile PERM and get a decision quite easily if you can find a wiggling room in your ad to squeeze your MBA degree in those reqs.

    Good luck to you!




    karthkc
    06-02 11:19 AM
    its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).

    Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

    In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

    Here is a posting I found from a while ago on this..

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341



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